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  1. Open Data Commons - Public Domain Dedication & License (PDDL)
  2. Preamble
  3. The Open Data Commons - Public Domain Dedication & Licence is a document intended
  4. to allow you to freely share, modify, and use this work for any purpose and
  5. without any restrictions. This licence is intended for use on databases or
  6. their contents ("data"), either together or individually.
  7. Many databases are covered by copyright. Some jurisdictions, mainly in Europe,
  8. have specific special rights that cover databases called the "sui generis"
  9. database right. Both of these sets of rights, as well as other legal rights
  10. used to protect databases and data, can create uncertainty or practical difficulty
  11. for those wishing to share databases and their underlying data but retain
  12. a limited amount of rights under a "some rights reserved" approach to licensing
  13. as outlined in the Science Commons Protocol for Implementing Open Access Data.
  14. As a result, this waiver and licence tries to the fullest extent possible
  15. to eliminate or fully license any rights that cover this database and data.
  16. Any Community Norms or similar statements of use of the database or data do
  17. not form a part of this document, and do not act as a contract for access
  18. or other terms of use for the database or data.
  19. The position of the recipient of the work
  20. Because this document places the database and its contents in or as close
  21. as possible within the public domain, there are no restrictions or requirements
  22. placed on the recipient by this document. Recipients may use this work commercially,
  23. use technical protection measures, combine this data or database with other
  24. databases or data, and share their changes and additions or keep them secret.
  25. It is not a requirement that recipients provide further users with a copy
  26. of this licence or attribute the original creator of the data or database
  27. as a source. The goal is to eliminate restrictions held by the original creator
  28. of the data and database on the use of it by others.
  29. The position of the dedicator of the work
  30. Copyright law, as with most other law under the banner of "intellectual property",
  31. is inherently national law. This means that there exists several differences
  32. in how copyright and other IP rights can be relinquished, waived or licensed
  33. in the many legal jurisdictions of the world. This is despite much harmonisation
  34. of minimum levels of protection. The internet and other communication technologies
  35. span these many disparate legal jurisdictions and thus pose special difficulties
  36. for a document relinquishing and waiving intellectual property rights, including
  37. copyright and database rights, for use by the global community. Because of
  38. this feature of intellectual property law, this document first relinquishes
  39. the rights and waives the relevant rights and claims. It then goes on to license
  40. these same rights for jurisdictions or areas of law that may make it difficult
  41. to relinquish or waive rights or claims.
  42. The purpose of this document is to enable rightsholders to place their work
  43. into the public domain. Unlike licences for free and open source software,
  44. free cultural works, or open content licences, rightsholders will not be able
  45. to "dual license" their work by releasing the same work under different licences.
  46. This is because they have allowed anyone to use the work in whatever way they
  47. choose. Rightsholders therefore can't re-license it under copyright or database
  48. rights on different terms because they have nothing left to license. Doing
  49. so creates truly accessible data to build rich applications and advance the
  50. progress of science and the arts.
  51. This document can cover either or both of the database and its contents (the
  52. data). Because databases can have a wide variety of content - not just factual
  53. data - rightsholders should use the Open Data Commons - Public Domain Dedication
  54. & Licence for an entire database and its contents only if everything can be
  55. placed under the terms of this document. Because even factual data can sometimes
  56. have intellectual property rights, rightsholders should use this licence to
  57. cover both the database and its factual data when making material available
  58. under this document; even if it is likely that the data would not be covered
  59. by copyright or database rights.
  60. Rightsholders can also use this document to cover any copyright or database
  61. rights claims over only a database, and leave the contents to be covered by
  62. other licences or documents. They can do this because this document refers
  63. to the "Work", which can be either - or both - the database and its contents.
  64. As a result, rightsholders need to clearly state what they are dedicating
  65. under this document when they dedicate it.
  66. Just like any licence or other document dealing with intellectual property,
  67. rightsholders should be aware that one can only license what one owns. Please
  68. ensure that the rights have been cleared to make this material available under
  69. this document.
  70. This document permanently and irrevocably makes the Work available to the
  71. public for any use of any kind, and it should not be used unless the rightsholder
  72. is prepared for this to happen.
  73. Part I: Introduction
  74. The Rightsholder (the Person holding rights or claims over the Work) agrees
  75. as follows:
  76. 1.0 Definitions of Capitalised Words
  77. "Copyright" - Includes rights under copyright and under neighbouring rights
  78. and similarly related sets of rights under the law of the relevant jurisdiction
  79. under Section 6.4.
  80. "Data" - The contents of the Database, which includes the information, independent
  81. works, or other material collected into the Database offered under the terms
  82. of this Document.
  83. "Database" - A collection of Data arranged in a systematic or methodical way
  84. and individually accessible by electronic or other means offered under the
  85. terms of this Document.
  86. "Database Right" - Means rights over Data resulting from the Chapter III ("sui
  87. generis") rights in the Database Directive (Directive 96/9/EC of the European
  88. Parliament and of the Council of 11 March 1996 on the legal protection of
  89. databases) and any future updates as well as any similar rights available
  90. in the relevant jurisdiction under Section 6.4.
  91. "Document" - means this relinquishment and waiver of rights and claims and
  92. back up licence agreement.
  93. "Person" - Means a natural or legal person or a body of persons corporate
  94. or incorporate.
  95. "Use" - As a verb, means doing any act that is restricted by Copyright or
  96. Database Rights whether in the original medium or any other; and includes
  97. modifying the Work as may be technically necessary to use it in a different
  98. mode or format. This includes the right to sublicense the Work.
  99. "Work" - Means either or both of the Database and Data offered under the terms
  100. of this Document.
  101. "You" - the Person acquiring rights under the licence elements of this Document.
  102. Words in the singular include the plural and vice versa.
  103. 2.0 What this document covers
  104. 2.1. Legal effect of this Document. This Document is:
  105. a. A dedication to the public domain and waiver of Copyright and Database
  106. Rights over the Work; and
  107. b. A licence of Copyright and Database Rights over the Work in jurisdictions
  108. that do not allow for relinquishment or waiver.
  109. 2.2. Legal rights covered.
  110. a. Copyright. Any copyright or neighbouring rights in the Work. Copyright
  111. law varies between jurisdictions, but is likely to cover: the Database model
  112. or schema, which is the structure, arrangement, and organisation of the Database,
  113. and can also include the Database tables and table indexes; the data entry
  114. and output sheets; and the Field names of Data stored in the Database. Copyright
  115. may also cover the Data depending on the jurisdiction and type of Data; and
  116. b. Database Rights. Database Rights only extend to the extraction and re-utilisation
  117. of the whole or a substantial part of the Data. Database Rights can apply
  118. even when there is no copyright over the Database. Database Rights can also
  119. apply when the Data is removed from the Database and is selected and arranged
  120. in a way that would not infringe any applicable copyright.
  121. 2.2 Rights not covered.
  122. a. This Document does not apply to computer programs used in the making or
  123. operation of the Database;
  124. b. This Document does not cover any patents over the Data or the Database.
  125. Please see Section 4.2 later in this Document for further details; and
  126. c. This Document does not cover any trade marks associated with the Database.
  127. Please see Section 4.3 later in this Document for further details.
  128. Users of this Database are cautioned that they may have to clear other rights
  129. or consult other licences.
  130. 2.3 Facts are free. The Rightsholder takes the position that factual information
  131. is not covered by Copyright. This Document however covers the Work in jurisdictions
  132. that may protect the factual information in the Work by Copyright, and to
  133. cover any information protected by Copyright that is contained in the Work.
  134. Part II: Dedication to the public domain
  135. 3.0 Dedication, waiver, and licence of Copyright and Database Rights
  136. 3.1 Dedication of Copyright and Database Rights to the public domain. The
  137. Rightsholder by using this Document, dedicates the Work to the public domain
  138. for the benefit of the public and relinquishes all rights in Copyright and
  139. Database Rights over the Work.
  140. a. The Rightsholder realises that once these rights are relinquished, that
  141. the Rightsholder has no further rights in Copyright and Database Rights over
  142. the Work, and that the Work is free and open for others to Use.
  143. b. The Rightsholder intends for their relinquishment to cover all present
  144. and future rights in the Work under Copyright and Database Rights, whether
  145. they are vested or contingent rights, and that this relinquishment of rights
  146. covers all their heirs and successors.
  147. The above relinquishment of rights applies worldwide and includes media and
  148. formats now known or created in the future.
  149. 3.2 Waiver of rights and claims in Copyright and Database Rights when Section
  150. 3.1 dedication inapplicable. If the dedication in Section 3.1 does not apply
  151. in the relevant jurisdiction under Section 6.4, the Rightsholder waives any
  152. rights and claims that the Rightsholder may have or acquire in the future
  153. over the Work in:
  154. a. Copyright; and
  155. b. Database Rights.
  156. To the extent possible in the relevant jurisdiction, the above waiver of rights
  157. and claims applies worldwide and includes media and formats now known or created
  158. in the future. The Rightsholder agrees not to assert the above rights and
  159. waives the right to enforce them over the Work.
  160. 3.3 Licence of Copyright and Database Rights when Sections 3.1 and 3.2 inapplicable.
  161. If the dedication and waiver in Sections 3.1 and 3.2 does not apply in the
  162. relevant jurisdiction under Section 6.4, the Rightsholder and You agree as
  163. follows:
  164. a. The Licensor grants to You a worldwide, royalty-free, non-exclusive, licence
  165. to Use the Work for the duration of any applicable Copyright and Database
  166. Rights. These rights explicitly include commercial use, and do not exclude
  167. any field of endeavour. To the extent possible in the relevant jurisdiction,
  168. these rights may be exercised in all media and formats whether now known or
  169. created in the future.
  170. 3.4 Moral rights. This section covers moral rights, including the right to
  171. be identified as the author of the Work or to object to treatment that would
  172. otherwise prejudice the author's honour and reputation, or any other derogatory
  173. treatment:
  174. a. For jurisdictions allowing waiver of moral rights, Licensor waives all
  175. moral rights that Licensor may have in the Work to the fullest extent possible
  176. by the law of the relevant jurisdiction under Section 6.4;
  177. b. If waiver of moral rights under Section 3.4 a in the relevant jurisdiction
  178. is not possible, Licensor agrees not to assert any moral rights over the Work
  179. and waives all claims in moral rights to the fullest extent possible by the
  180. law of the relevant jurisdiction under Section 6.4; and
  181. c. For jurisdictions not allowing waiver or an agreement not to assert moral
  182. rights under Section 3.4 a and b, the author may retain their moral rights
  183. over the copyrighted aspects of the Work.
  184. Please note that some jurisdictions do not allow for the waiver of moral rights,
  185. and so moral rights may still subsist over the work in some jurisdictions.
  186. 4.0 Relationship to other rights
  187. 4.1 No other contractual conditions. The Rightsholder makes this Work available
  188. to You without any other contractual obligations, either express or implied.
  189. Any Community Norms statement associated with the Work is not a contract and
  190. does not form part of this Document.
  191. 4.2 Relationship to patents. This Document does not grant You a licence for
  192. any patents that the Rightsholder may own. Users of this Database are cautioned
  193. that they may have to clear other rights or consult other licences.
  194. 4.3 Relationship to trade marks. This Document does not grant You a licence
  195. for any trade marks that the Rightsholder may own or that the Rightsholder
  196. may use to cover the Work. Users of this Database are cautioned that they
  197. may have to clear other rights or consult other licences.
  198. Part III: General provisions
  199. 5.0 Warranties, disclaimer, and limitation of liability
  200. 5.1 The Work is provided by the Rightsholder "as is" and without any warranty
  201. of any kind, either express or implied, whether of title, of accuracy or completeness,
  202. of the presence of absence of errors, of fitness for purpose, or otherwise.
  203. Some jurisdictions do not allow the exclusion of implied warranties, so this
  204. exclusion may not apply to You.
  205. 5.2 Subject to any liability that may not be excluded or limited by law, the
  206. Rightsholder is not liable for, and expressly excludes, all liability for
  207. loss or damage however and whenever caused to anyone by any use under this
  208. Document, whether by You or by anyone else, and whether caused by any fault
  209. on the part of the Rightsholder or not. This exclusion of liability includes,
  210. but is not limited to, any special, incidental, consequential, punitive, or
  211. exemplary damages. This exclusion applies even if the Rightsholder has been
  212. advised of the possibility of such damages.
  213. 5.3 If liability may not be excluded by law, it is limited to actual and direct
  214. financial loss to the extent it is caused by proved negligence on the part
  215. of the Rightsholder.
  216. 6.0 General
  217. 6.1 If any provision of this Document is held to be invalid or unenforceable,
  218. that must not affect the cvalidity or enforceability of the remainder of the
  219. terms of this Document.
  220. 6.2 This Document is the entire agreement between the parties with respect
  221. to the Work covered here. It replaces any earlier understandings, agreements
  222. or representations with respect to the Work not specified here.
  223. 6.3 This Document does not affect any rights that You or anyone else may independently
  224. have under any applicable law to make any use of this Work, including (for
  225. jurisdictions where this Document is a licence) fair dealing, fair use, database
  226. exceptions, or any other legally recognised limitation or exception to infringement
  227. of copyright or other applicable laws.
  228. 6.4 This Document takes effect in the relevant jurisdiction in which the Document
  229. terms are sought to be enforced. If the rights waived or granted under applicable
  230. law in the relevant jurisdiction includes additional rights not waived or
  231. granted under this Document, these additional rights are included in this
  232. Document in order to meet the intent of this Document.
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